AB 2338

Bill Subjects

Abstract

(1) In cases of actual controversy relating to the legal rights and duties of respective parties, existing law authorizes a party to bring an action in superior court for a declaration of the party's rights and duties and to request a determination of any question of construction or validity arising under an instrument or contract. This bill would, if a local initiative measure has been certified by an elections official as having qualified for the ballot, prohibit a public agency from bringing suit seeking a declaration of rights related to the construction or validity of the initiative measure until after the election for which the initiative measure qualified has been held. (2) Under existing law, the elections official administering a county, municipal, district, or school district election is required to make a copy of certain election materials available for public examination in his or her office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Existing law permits any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, to seek a writ of mandate or an injunction requiring the amendment or deletion of any or all of the materials, as specified, during that 10-calendar-day public examination period. Existing law also requires that a peremptory writ of mandate or injunction be issued only upon clear and convincing proof, as specified. This bill would require that, if the governing body of the jurisdiction in which the initiative measure will be voted upon seeks to challenge the qualification or validity of the initiative measure, it shall do so by seeking the above-described writ of mandate or injunction during the 10-calendar-day public examination period in order to prohibit the initiative measure from being placed on the ballot. The bill also would require that a peremptory writ of mandate or an injunction be issued only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.